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(영문) 서울고등법원 2015.07.10 2015노987
공직선거법위반
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

Summary of Grounds for Appeal

In response to the increase of interest in the election of local residents, the defendant of mistake of facts and misunderstanding of legal principles (the defendant) only issued a local newspaper in accordance with the existing methods in order to expand tax revenue and promote advertising profit, etc., and there is no fact that he published and distributed a newspaper carrying articles related to the election in a way other than ordinary methods.

Sentencing (Defendants, Prosecutors) The sentencing of the lower court (fines 3,000,000) is too unreasonable.

(1) On the contrary, the above sentencing is too unfortunate and unfair.

(A) The summary of the facts charged in the instant case is that the Defendant issued the “E-Local Newspapers” in Article 308 of the D Prize, and distributed them to E-mail by issuing the “E-Local Newspapers” once in 201, the average of 6,400 copies once in 201, the average of 12,900 copies once in 2012, and once in 2013, the average of 10,000 copies once in 2013.

Around May 3, 2014, the Defendant issued Nos. 146 of the E-Local Election (hereinafter “instant election”) at the office around June 4, 2014, around May 3, 2014, the Defendant: (a) had criminal records, such as the crime of marriage under the title of “F” and the violation of the National Security Act around 2002, and (b) had been recruited as a candidate for the local E-market; (c) on the following grounds, the Defendant posted articles (hereinafter “instant article 1”) that are unfavorable to H to the effect that he/she donated a tour accompanied by a female student working together at the I’s election office and Jeju Island; and (d) published articles (hereinafter “the instant article”) that exceed the number of ordinary published copies of the E-city; and distributed the apartment unit E-si, commercial building, housing unit, etc.

As a result, the Defendant distributed and spread a newspaper that posted an article about the election in a way other than a normal way.

In relation to the instant election, the Defendant issued No. 147 of the E-Local Newspapers at the above office around June 2, 2014.

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